Patents, Trademarks , Intellectual Property

WHAT IS A PATENT? A patent keeps your idea for an invention from being stolen. A patent is issued by the U.S. Patent and Trademark Office. In most cases, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States. U.S. patent grants are effective only within the U.S., U.S. territories, and U.S. possessions. A patent is “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention. (Definition from the U.S. Patent and Trademark Office)

WHAT SHOULD I DO BEFORE APPLYING FOR A PATENT? There are several things to think about and do before you arrive at the stage to file for a patent:
-Document your invention idea. The U.S. has a "first to invent" system. Keep careful records of your work. Read the United Inventors Association's advice at "http://uiausa.com/SubNoviceInventor.htm".
-Be sure your invention idea fits within the definition of a patent. In addition to patents, there are trademarks, copyrights and trade secrets. See the United States Patent and Trademark Office's "http://www.uspto.gov/web/offices/pac/doc/general/whatis.htm" for definitions.
- Learn about patents. Two good starting places are:
1) University of Texas-Austin's "http://www.lib.utexas.edu/engin/patent-tutorial/index.htm" (read about the topics listed at the left of the page before starting the tutorial) and
2) Lemelson-MIT Program's "http://web.mit.edu/invent/h-main.html".

- Study your options. You may (although it is not necessary) file a Disclosure Document Program, a non-Disclosure Agreement, or a Provisional Application for Patent (i.e. patent pending) before applying for a patent. To learn more about these options as well as how to apply for a patent, read the "http://www.uspto.gov/web/offices/pac/doc/general/" at the U.S. Patent and Trademark Office's website.
- Be sure your invention idea is new. To be granted a patent your idea must never have appeared anywhere before. This means you must search magazine articles, books, the Internet as well as all patents on file and pending with the U.S. Patent and Trademark Office. This takes considerable time but is time well spent. Many people discover during the patent search that what they thought was a new idea is not. Be sure to document your searches.
- Develop your idea . create a prototype. Filing for a patent can be costly. Before investing this money, you may want to be sure that the invention is useful. Will enough people buy it to make a patent application worth the expense?
- Hire an expert. Many people hire an Intellectual Property Attorney to prepare and file their application. If you do, check to see that your attorney is listed with the "http://www.uspto.gov/web/offices/dcom/olia/oed/roster/index.html" registered to practice before the U.S. Patent and Trademark Office.

HOW CAN I BE SURE MY IDEA IS NEW?
You need to do an exhaustive search of magazine articles, newspapers, books, Internet websites, and patents on file and pending with the U.S. Patent and Trademark Office. This search is referred to as a "prior art search." This is a critical step in the patent application process that can be quite complex and time consuming.

Before you start your search: Take some time to list keywords that describe your idea. You will use these keywords when you search. To help you list appropriate keywords, ask yourself the following questions:
-What does my invention do?
-What is the end result?
-What is it made of?
-What is it used for?

Follow these steps:
1.Search the library catalog, "http://www.libraryweb.org/libracat.html", by keyword subject. Use your keywords for your subject terms. (The LIBRAWeb Tutorial is a good starting place to learn how to do a keyword subject search.)
2.Search the "http://www.libraryweb.org/databases/". Consult the "http://www.libraryweb.org/tutorials/infotrac/index.html" tutorial or a librarian for help.
3.Search the Internet using "http://www.google.com/" as well as other search engines. (The "google/index.html" is a good starting place to learn how to do a search on Google.)
4.Consult with a librarian to be sure you have searched all possible resources. You may want to call your library first to ask if there is a librarian who specializes in your field. (Use the "http://www.libraryweb.org/libhome.html" to find phone numbers.)
5.Search for all patents on file and pending. See next section.

WHAT INTERNET RESOURCES SHOULD I CONSULT?
You can consult from these website
"http://www.uspto.gov"
"http://www.lib.utexas.edu/engin/patent-tutorial/index.htm" by the University of Texas - Austin
"http://web.mit.edu/invent/h-main.html" by Lemelson - MIT Program
"http://www.invent1.org/"
"http://uiausa.com/"
"http://www.inventorsdigest.com/"
"http://www.inventorfraud.com/"
"http://www.invent.org/index.asp"
"http://www.ipo.org/"
by Federal Library Services and Technology Act funds

Do I need a patent? Intellectual Property: An introduction to protecting your ideas. Definition of intellectual property: IP is a broad descriptor that includes original works by authors, musicians, artists and inventors. These works can be protected in a number of ways.
Protectors of intellectual property: Copyright, Trade Secrets, Trademarks, Patents, Ect.
-Copyright: a function of the Library of Congress. Protects "original works of authorship" that are fixed in a tangible form of expression. Is automatically secured when a work is created, Registration creates a public record. Protection lasts for the author’s life plus 70 years
-Trade secrets: A formula, pattern, device or compilation of information that is used in business. Gives the business an advantage over competitors who do not know it. A famous example is the formula for Coca-Cola
-Trademarks: A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product.
-Trademark rights: Rights arise from: Actual use of the mark, OR Filing of a proper application to register a mark in the Patent and Trademark Office. Rights can last indefinitely, Term is 10 years, with 10 year renewal terms
-Patents:A patent is a property right granted by the Government of the United States of America to an inventor “to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States” for a limited time in exchange for public disclosure of the invention when the patent is granted.

The history of patents is the history of American technology
-Patent term: 20 years from the date of application, subject to payment of maintenance fees Maintenance fees due 3½, 7½, and 11½ years after the original grant. Be sure that you can market your invention!

-What can be patented? Utility patents are provided for a novel, nonobvious and useful : Process, Machine, Article of manufacture, Composition of matter,Improvement of any of the above.

-What cannot be patented? Laws of nature, Physical phenomena, Abstract ideas, Literary, dramatic, musical, and artistic works (these can be Copyright protected)

-Three kinds of patents: Utility patents - granted for a useful process, machine, manufacture, or composition of matter.
Design patents - granted for a new, original and ornamental design for an article of manufacture. The appearance is protected. Plant patents - granted for a new, asexually reproduced plant.

Why do a patentability search? Only new ideas are patentable?
The application process is expensive and fees are nonrefundable!

-You can save money by looking for the time bombs that are hiding out there.
Prior art: To find out if your invention is eligible for a patent, you must search for all previous public disclosures of “prior art”. An average search takes 13 hours!
Look for prior art in: Catalogs, Journals, Newspapers, Sales literature, On the Internet, Previously issued U.S. Patents,Published patent applications

By : Deborah T Leary Manager
Chester F. Carlson Patent & Trademark Center